Cassirer v. Thyssen-Bornemisza Collection Foundation (9th Cir.)

On January 9, 2024, the U.S. Ninth Circuit Court of Appeals issued a decision in Cassirer v. Thyssen-Bornemisza Collection Foundation. The case concerned ownership of a U.S. $30 million painting that had been stolen by the Nazis from its Jewish owner. More than six decades later, the pre-War owner's grandson discovered that the painting was on display in a Spanish museum and sought to reclaim it. The matter was in litigation in U.S. courts for almost twenty years. The outcome eventually turned on the issue of choice of law. The court's holding that Spanish law should apply resulted in a judgment that the defendant was the legal owner of the artwork. The court's decision is also notable for a concurring opinion asserting that the defendant should have voluntarily returned the painting to the plaintiffs in accordance with Spain's commitment to the Washington Conference Principles on Nazi-Confiscated Art (Washington Principles).